To the guy who who told me to edit post. there are tons of other posts with irrelevant stuff. i didnt see u jumping on them.

I am trying to be as close to relevant as I can be. As i said, a past legislation doesn't mean future legislation would be same BUT it definitively give us a lesson what we should strive to prevent....

and whatever the 2006 and 2007 legislation were - they were. I didn't made them up myself. So, I cant edit them...lol...

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NKR

10-09 01:27 PM

i predict the november 2008 visa bulletin will come out on monday, october 13,2008. however, even if all categories will become current, it is still useless as the processing dates of the different service centers have processing times of july 2007. hence, almost everybody will not be able to have their papers processed.

and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.

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raviram1980

01-15 10:38 AM

Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.

Regards,

Ravi

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CRAZYMONK

08-18 08:54 AM

Gurus, Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

The reason specified in the letters:

- Section 203(b)(2)(A) - 8 C.F.R 204.5(l)(3)(ii)(C)

Please advise me what to next..! Is there any chance of a positive result.?

IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?

Thank you..

Rgds, Raju

So its not denied. They are asking you to provide more documentation. MTR is not necessary

Second, the Ombudsman recommended that USCIS issue Employment Authorization Documents valid as of the date any previoua EAD expires.

USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.

Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.

Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.

Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant progress on this front.

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Nabeel

10-26 04:34 PM

I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.

Good Attorney -Even DOL has to be sued for delaying labor approvals and backlog.Thats one of the reason for this huge retrogression.

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grupak

02-06 11:46 AM

AFAIK you should be able to get the pay raise mid year even in a university, however you might have to file an amendment to your H1B if it is not the usual inflation adjustments.

Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.

Did you get automatic email update. or you just checked by log in to USCIS portfolio.

I saw two lud on my i-485(yesterday and today) What does that mean? I have completed my biometrics, received EAD and approval notice for AP has been sent.

Can somebody clarify on this please??

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redgreen

05-10 11:40 AM

We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?

Let us start the prediction, analysis, etc, game for the July Bulletin.

1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone... We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in

Assuming nothing happens,only the most optimistic of EB3-I will still be hanging around. All Others would have been long gone:rolleyes:

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martinvisalaw

04-06 12:48 PM

The perm is for EB-2 which requires a Masters Degree (Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this.

I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.

You are very eager to get an answer to make your case. Have you contributed?

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H1B-GC

02-18 06:12 PM

ragz4u and everyone-

My 1st 3 yrs of H1B is gonna be completed this year.My DL is valid until 2009 issued by Santa Clara DMV in CA State.If i move to PA State or for that matter other state in US would DMV deny me a new Driver's License until my new H1B is extended for 3 more years??

EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.

EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)

So can I take a loan and open a business to get EB-5 green card ??

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simple1

06-03 02:00 PM

fool's post. yes you are.

The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.

I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.

H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late. source:http://immigration-law.com/

Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??

How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc

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burnt

03-08 10:37 PM

Same for me... I went to India...I followed the process while boarding and gave the passport to Airlines guy. But Somehow noticed after boarding the plane that he had not stamped my passport. So that I-94 came back with me when I reentered USA, But I did not say anything to the Immigration Officer at the POE, and got a new I-94. Will this effect my I-485?

buehler

07-18 02:02 PM

With the elimination of labor substitution, I am sure USCIS will investigate all existing labor substitution applications too. So if I were you I would not move to the new company before I-140 is approved.

lazycis

09-17 09:59 AM

You can start working for other company only 180 days after receipt date for your I-485. The job has to be same or similar (profession-wise). If you are planning to change companies, it's better to do it before you get your GC, rather than immediately after.